GreenCardHero: Spouse Edition
Last Modified: Dec 13, 2018
Please read this EULA carefully to ensure that you understand each provision. This EULA contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
Your access and use of the Software and Documentation is expressly conditioned on your acceptance of the terms and conditions of this EULA. If you do not agree to this EULA, you may not download, access or use the Software or the Documentation.
You may use the Software and the Documentation only if you can form a binding contract with GreenCardHero, and only in compliance with this EULA and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Software or the Documentation by anyone under eighteen (18) years of age is strictly prohibited and in violation of this EULA. The Software and the Documentation is not available to any Users previously removed from the Software or the Documentation by GreenCardHero.
Subject to the terms and conditions of this EULA, you are hereby granted a limited, non-exclusive, non-transferable, freely revocable license to use the Software and Documentation for your personal, noncommercial use only and only as permitted by the features of the Software and the Documentation. GreenCardHero reserves all rights not expressly granted herein in the Software and the Documentation and the GreenCardHero Content (as defined below). GreenCardHero may terminate this license at any time for any reason or no reason.
You must register with GreenCardHero through the Software to gain access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. When you register for the Software, you must provide accurate and complete information, and must keep this information up to date. If you access or use the Software or the Documentation on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this EULA, and that you agree to this EULA on the entity's behalf.
By providing GreenCardHero your email address you consent to our using the email address to send you Software or Documentation-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Software or Documentation and special offers. If you do not want to receive such email messages, you may opt out using the unsubscribe button or similar mechanism included in the messages.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Software or the Documentation in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Software or the Documentation in a manner that sends more request messages to the GreenCardHero servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that GreenCardHero grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the GreenCardHero Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Software or the Documentation; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Software; (vii) collecting or harvesting any personally identifiable information, including account names, from the Software or the Documentation; (viii) using the Software or the Documentation for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Software or the Documentation; (xi) accessing any content on the Software or the Documentation through any technology or means other than those provided or authorized by the Software or the Documentation; or (xii) bypassing the measures we may use to prevent or restrict access to the Software or the Documentation, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Software or the Documentation or the content therein. You must notify GreenCardHero immediately of any breach of security or unauthorized use of the Software or the Documentation.
We may, without prior notice, change the Software or the Documentation; stop providing the Software or the Documentation or features of the Software or the Documentation, to you or to Users generally; or create usage limits for the Software or the Documentation. We may permanently or temporarily terminate or suspend your access to the Software or the Documentation without notice and liability for any reason, including if in our sole determination you violate any provision of this EULA, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this EULA.
The Software allows Users to submit, provide, or otherwise make available content such as profile information, comments, questions, and other content or information (collectively the "User Content").
In connection with your User Content, you affirm, represent and warrant the following:
GreenCardHero takes no responsibility and assumes no liability for any User Content that you or any other User or third party submits, provides or otherwise makes available on the Software. You shall be solely responsible for your User Content and the consequences of making it submitting, providing or otherwise making you User Content available on the Software. We do not guarantee you will have access to your User Content at all times, so we strongly encourage you to maintain backups of your User Content. GreenCardHero shall have no responsibility and assumes no liability for your inability to access your User Content.
For the purposes of this EULA, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Except for your User Content, the Software, the Documentation and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "GreenCardHero Content"), and all Intellectual Property Rights related thereto, are the exclusive property of GreenCardHero and its licensors. Except as explicitly provided herein, nothing in this EULA shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any GreenCardHero Content. Use of the GreenCardHero Content for any purpose not expressly permitted by this EULA is strictly prohibited.
You may choose to, or we may invite you to submit comments or ideas about the Software or the Documentation, including without limitation about how to improve the Software or the Documentation or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place GreenCardHero under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, GreenCardHero does not waive any rights to use similar or related ideas previously known to GreenCardHero, or developed by its employees, or obtained from sources other than you.
If the Software or the Documentation provides professional information (for example, immigration, legal or filing information), such information is for informational purposes and should not be construed as professional advice. No action should be taken based upon any information contained in the Software or the Documentation. You should seek independent counsel from a person who is licensed and/or qualified in the applicable area.
GreenCardHero cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
You agree to defend, indemnify and hold harmless GreenCardHero and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Software or the Documentation, including any data or content transmitted or received by you; (ii) your violation of any term of this EULA, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party's access and use of the Software or the Documentation with your unique username, password or other appropriate security code.
The Software and the Documentation is provided on an "as is" and "as available" basis. Use of the Software and the Documentation is at your own risk. To the maximum extent permitted by applicable law, the Software and the Documentation is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from GreenCardHero or through the Software or the Documentation will create any warranty not expressly stated herein. Without limiting the foregoing, GreenCardHero, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Software or the Documentation will meet your requirements; that the Software or the Documentation will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Software or the Documentation is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Software or the Documentation is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Software or the Documentation.
GreenCardHero does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Software or the Documentation or any hyperlinked website or service, and GreenCardHero will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This EULA gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this EULA will not apply to the extent prohibited by applicable law.
To the maximum extent permitted by applicable law, in no event shall GreenCardHero, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this service. Under no circumstances will GreenCardHero be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Software or the Documentation or your account or the information contained therein.
To the maximum extent permitted by applicable law, GreenCardHero assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Software or the Documentation; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Software or the Documentation; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall GreenCardHero, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to GreenCardHero hereunder or $100.00, whichever is greater.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if GreenCardHero has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This EULA gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this EULA will not apply to the extent prohibited by applicable law.
The Software and the Documentation are controlled and operated from facilities in the United States. GreenCardHero makes no representations that the Software or the Documentation is appropriate or available for use in other locations. Those who access or use the Software and the Documentation from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Software or the Documentation if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Software and the Documentation are solely directed to individuals, companies, or other entities located in the United States.
GreenCardHero: Spouse Edition uses a number of third party software packages, please see Third Party Software Notices and Acknowledgements.